Switch employers before October ?

Apr 9 18 Comments

My current company applied for H1-b this April 1st as change of status. I got an offer from Google on April 2nd. I spoke with Google s immigration lawyers about my Visa situation. they said that it would be ideal for me to wait until October to finish the entire process (or wait for rejection from the lottery) . My question is will Google and the team be willing to wait so long ? If the current team does not wait, would it be possible to ask recruiter for another team match in October ? Will they rescind the offer ?
Did anyone face a similar situation ? What happened ? Also, is it absolutely not possible to move before October in case h1 gets picked ?

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TOP 18 Comments
  • Spreetail SQNe70
    From what I have researched there are 2 possible ways to switch.
    1. H1B not picked: You can switch immediately.
    2. H1B picked: Google can file a new H1B petition (cap-exempt) and if it gets approved, the currect company can withdraw the petition
    Apr 10 1
    • OP
      So does Google file for new H1B after it gets picked and before it gets approved ? Where can I know more about this ? Could you post a link or something ? Thanks !
      Apr 10
  • Uber / Eng Trigger
    Very simple decision. Move now. Don't get picked in next yr lottery. Lose status. Go back home. How did u pass Google interview 😐
    Apr 9 5
    • Uber dqFl75
      What does next year's lottery have anything to do with this post?
      Apr 9
    • Uber / Eng Trigger
      He only has one more chance at lottery.read other comments/response
      Apr 9
    • Uber / Eng Trigger
      Also leaving before Oct 1st means he won't be able to get h1 this year (made clear by the lawyers)
      Apr 9
    • Uber Hdjejx
      Moving now is irrelevant to next year's lottery, it simply means a lost attempt for OP this year.
      Also something OP may want to take a chance with, if he/she wants to badly jump onto the Google offer.
      Apr 9
    • OP
      Not clearing the lottery this year is not so much of an issue as losing f1 status on October 1st. If I get picked up in this year s lottery, even if my employer withdraws the application, USCIS takes a long time to process withdrawal. So effectively on October 1st, I would be on H1 for my previous employer and I would be illegally working for the new employer if I move now. So don't want to risk that. Looks like my option is to wait until October. But I'm not sure if Google would be okay to wait. Was wondering if anyone else faced a similar situation with Google or other companies.
      Apr 9
  • New !=faang
    Which company lawyers said this? Google's lawyers or did you consult any lawyers personally?
    Apr 9 5
    • OP
      Google's lawyers
      Apr 9
    • New !=faang
      Is that fragmon? Is your petition filed under premium processing?
      Apr 9
    • OP
      Yes. It is fragmon. (The current employer s firm ). Google s lawyers were BAL. And nope. My petition was not filed under premium processing.
      Apr 9
    • New !=faang
      So BAL advised to stay put until Oct 1? If you get approved earlier, you still have a chance to transfer. How many months are left on your OPT?
      Apr 9
    • OP
      Yes ! BAL advised to stay put until October 1st Even if I get approved earlier, I need to work for my previous employer for at least 1 day before the transfer can be initiated. I have opt until 2020.
      Apr 9
  • Microsoft / Eng pxXW78
    Ask your recruiter if the team can wait until October
    Apr 11 1
    • OP
      She said mostly no :(
      Apr 11
  • Glassdoor dixm
    Damn this is so sad...
    You have an offer from the best software company in the world but you might not be able to work there because of a visa problem.
    I hope things work out!
    Apr 10 1
    • OP
      Thanks ! Yep. Hoping for the best :(
      Apr 10